How Permanent Disability Payments Are Determined

The amount of how much disability payments are paid to an individual is based on what a doctor says the level of what the disability is. The language a doctor uses to write their report is set by statute (a formal written enactment of a legislative authority that, typically, statutes command or prohibits something, or declares policy).

The doctors that practice workers’ compensation will understand the language of the statute, where in turn judges and attorneys will also look at the language to determine what the level of the disability level is on a scale of zero to 100%. The greater the disability, the longer an individual will receive payments for permanent disability. It’s paid at a lesser rate than temporary disability and depending on your percentage of disability, the amount of time you get paid benefits will be dictated by how disabled you are. For instance, a person who is 60% disabled versus will be paid for a larger amount of time than a person who is 30% disabled.

If a person is 70% or more disabled and when the benefit discontinues, they will be entitled to a life pension, which is a smaller payment but is paid to an individual for their lifetime. If a person is 100% disabled, they will be paid their temporary disability for their lifetime.

If you or someone you care about needs representation due to a life changing injury or condition related to California Workers’ Compensation law, personal injury or social security benefits, Humphrey & Associates is committed to obtaining a fair outcome. We’ll evaluate the potential benefits and compensation you may be legally entitled to. There is no fee until the resolution of the case.